Massachusetts Guide to Ballot Question Petitions

7/24/2019 Massachusetts Guide to Ballot Question Petitions

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Secretary of the Commonwealth

State BallotQuestion Petitions

Contents:

Published by:

William Francis GalvinSecretary of the Commonwealth

Elections DivisionOne Ashburton Place, Room 1705Boston, Massachusetts 02108-1512(617) 727-2828 or (800) 462-VOTEFAX: (617) 742-3238Website: www.sec.state.ma.us/ele

Revised 8/2015

A Guide for Circulating Petitions

Initiative Petition for a Law

Initiative Petition for a Constitutional Amendment

Suggestions for Petition Filers

Referendum Petition

Petition for a Public Policy Question

Circulating and Gathering Signatures on Ballot

Question Petitions

Checklist for Gathering Signatures

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STATE BALLOT QUESTION PETITIONS PAGE 2

A GUIDE FOR CIRCULATING PETITIONS

The Massachusetts Constitution provides that people have the right to affect thestate laws by which they are governed. One way for persons to affect the laws isthrough the use of a petition for a ballot question. In Massachusetts, there are fourtypes of petitions which may be used to place questions on the ballot at the biennialstate election: anInitiative Petition for a Law, an Initiative Petition for aConstitutional Amendment, a Referendum Petition, and a Public Policy Peti-tion.

File an INITIATIVE PETITION FOR A LAWto submit a proposedlaw to the voters for their approval or rejection or to repeal or amend a

particular section of an existing law.

File an INITIATIVE PETITION FOR A CONSTITUTIONALAMENDMENT to submit a proposed constitutional amendment to thevoters for approval or rejection.

File a REFERENDUM PETITIONto have a law already enacted bythe General Court repealed by the voters.

File a PUBLIC POLICY PETITIONto submit instructions to thesenator or representative from a district on a non-binding question ofpublic policy.

Before collecting any signatures, read all of the instructions carefully. Inaddition, it may be helpful to seek assistance when writing the text of the measure tobe placed on the petitions.


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STATE BALLOT QUESTION PETITIONSPAGE 3

INITIATIVE PETITION FOR A LAW

2015-2016 Petition

An initiative petition for a law should be filed if the individual intends to submit a proposed lawto the voters for their approval or rejection. An initiative petition for a law may also be used topropose a law seeking to repeal or amend a particular sectionof an existing law.

HOW TO ORIGINATE AN INITIATIVE PETITION FOR A LAW

To originate an initiative petition for a law, at least ten qualified voters of the Commonwealthmay draw up and sign an original petition on which they put forward the full text of the lawthey wish to have enacted.

Each of the original signers must obtain a certificate of voter registration from the board ofregistrars or election commission in the city or town in which they are a registered voter. Eachcertificate of voter registration must be signed by at least three members of the board ofregistrars or election commission. These voter registration certificates and the originalpetition then must be submitted to the Office of the Attorney General by the first Wednesdayin August.

SOME RECOMMENDATIONS

Although not required, it is strongly recommended that each of the original signers initial

each page of the text of the law before submitting it to the Attorney General. It is alsoadvisable to have more than ten original signers (the ten names to be printed on the

petition form can be specified).

It is not recommended to file separate signature papers which are attached to the full text

of the law. Instead, the final page of the full text should contain the signature of each ofthe original petitioners. Above the name of each signer you may wish to add a statementsimilar to the following: I have personally reviewed the final text of this Initiative Petition,fully subscribe to its contents, and agree to be one of the original signers of the petition.

The voter registration certificate of each signer may be attached separately to the petition.

EXCLUDED SUBJECTS AND SUMMARY

The Constitution excludes from the Initiative subjects that relate to religion, judges, the courts,particular localities of the Commonwealth, specific appropriations, and certain provisions of thestate constitutions Declaration of Rights. Additionally, substantially the same petition cannothave appeared on the ballot at either of the two immediately preceding biennial stateelections.

The Attorney General bears the responsibility of determining whether the petition is anacceptable subject of the Initiative, and if so, he or she prepares a fair and concise summaryand returns this summary and the proposed law to the petitioners. If the Attorney Generaldetermines the petition relates to an excluded matter, the petition is disallowed.


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STATE BALLOT QUESTION PETITIONS

PRINTING OF PETITIONS

After the petition is returned from the Attorney General with the summary, the petitioners file

both the summary and the proposed law with the Secretary of the Commonwealth. TheSecretary prepares initiative petition form blanks with the summary printed thereon forgathering signatures of registered voters.

Pursuant to 950 C.M.R. 48.04(6), the petitioners may request in writing that certain

information be printed on the petition forms. Specifically, upon request of the petitionsponsors, this office will print the petition sponsors address and telephone number on thepetition form and/or a box at the bottom right on the petition sheet specifically for circulatorsto number petitions.

The petition forms are available within fourteen days after the petitioners file the papers with

the Secretary of the Commonwealth. In order to receive the printed blanks as soon aspossible, the petitioners may pick up the petitions at the printing plant if they so desire.Before picking up the blank petition forms from the printing plant, the petitioners must get anauthorization slip from the Secretary of the Commonwealth. The Secretary provides enoughblank petition forms to gather more than the required number of signatures. However, thepetitioners may make exact copies of the blank forms for gathering additional signatures.

HOW MANY SIGNATURES ARE REQUIRED

In order to be placed before the General Court, the petition must contain certified signaturesat least equal to 3% of the total vote cast for all candidates for Governor (excludingblanks) at the last state election. This means that until the results of the 2018 state

election are certified by the Governors Council, the initiative petition must be signed by aminimum of 64,750certified voters. No more than one-quarter of the certified signaturesmay come from any one county (until the results of the 2018 state election are certified by theGovernors Council, this figure is 16,188).

THE PETITION IS LAID BEFORE THE LEGISLATURE

After the necessary number of signatures have been certified and subsequently filed with theSecretary of the Commonwealth, the Secretary transmits the initiative petition to the HouseClerk for legislative action on the first legislative day of the year.

The initiative petition must be heard by the committee to which it is referred and a reportissued. Any legislative action on the petition must be taken by each branch of the GeneralCourt before the first Wednesday in May. The initiative petition may not be amended by theGeneral Court. If the General Court approves the initiative and the Governor signs it or itpasses over his veto by a two-thirds vote of both houses, it becomes a law. In a rarely usedprocedure, after rejecting the proposed initiative, the General Court may formulate a legislativeproposal of its own, to be grouped on the ballot with the initiative measure as an alternatechoice.

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HOW TO GET THE PETITION ON THE BALLOT

If the petition is rejected by the General Court or if the General Court fails to act by the firstWednesday in May, the proposed ballot measure, in an infrequently used process, may be

amended by a majority of the ten original signers. Any amendment proposed pursuant to thisinfrequently used process must be approved by the Attorney General as perfecting in nature;that is, the amendment does not materially change the substance of the measure.

The petitioners may force the original or amended petition on the ballot at the next regularstate election by submitting a written request to the Secretary by the appropriate deadline foradditional petition forms and then collecting the required number of additional certifiedsignatures on these forms. This request should indicate that a majority of the first ten signerswish to obtain additional petition forms. The request need not contain the signatures of all tensigners, and an agent may sign on behalf of a majority of the first ten signers.

ADDITIONAL SIGNATURES

The signatures of an additional 1/2 of 1% of the vote cast for Governor (excludingblanks) at the last state electionmust be filed with the Secretary of the Commonwealth.

Accordingly, the additional signature requirement is 10,792 certified signatures. The sameprovision applies that no more than 1/4 of these signatures may come from one county.

Accordingly, no more than 2,698signatures can come from one county.

HOW IT PASSES

For an initiative petition for a law to be passed by the electorate, the Constitution requires thatat least 30%of the voters who cast ballots in the election must vote in the affirmative on the

question, and a majority of the ballots cast on that question must also be affirmative.

WHEN EFFECTIVE

The Constitution states that a law proposed by an initiative petition takes effect thirty daysafter the state election, or at such time after the election as may be provided in such law. Thecourts have not definitively decided whether this means thirty days after the election, or thirtydays after the certification of the election results by the Governors Council, which usuallyoccurs in late November or early December.

If the petitioners want to ensure that the initiative measure takes effect at the earliest possibledate, it is suggested that the petitioners state in the measure itself that it is to becomeeffective immediately upon becoming law. That will mean it becomes effective immediatelyupon certification of the election results.

Legal References: Articles XLVIII, LXXIV, and LXXXI of the Amendments of the Massachusetts Constitution.

Massachusetts General Laws Chapter 53, section 22A (2012 ed.).

950 C.M.R. 48.00.

Capezzuto v. State Ballot Law Commission, 407 Mass. 949, 556 N.E.2d 366 (1990).

Hurst v. State Ballot Law Commission, 427 Mass. 825 (1998).

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CALENDAR FOR AN INITIATIVE PETITION FOR A LAW

Calendar of Events Legal Deadlines Dates

Submission of petition to By the 1st Wednesday August 5, 2015Attorney General by 10 of Augustoriginal signers

Filing of petition with Secretary Not before the 1st Wednesday September 2, 2015of the Commonwealth by original of SeptemberPetitioners

Secretary has petition forms No later than 14 days after filing September 16, 2015*prepared for collection of required with the Secretarynumber of signatures

Filing of petitions with local By 14 days before the 1st November 18, 2015registrars for certification Wednesday of December

Filing certified petitions with the By the 1st Wednesday of December 2, 2015Secretary December

Transmittal of petitions to First legislative day of the year January 6, 2016House Clerk by the Secretary

Legislative action Beforethe 1st Wednesday of May May 3, 2016

Filing with Secretary of request Not before the 1st Wednesday May 4, 2016for additional petition forms of May

Filing with Secretary of amended Beforethe 1st Wednesday of June May 31, 2016petition, with certificate from the

Attorney General that the amendmentdoes not materially change thesubstance of the measure

Collection and filing of additional After the 1st Wednesday of May June 22, 2016signatures with local registrars for and by 14 days before the 1stcertification Wednesday of July

Filing with Secretary of additional Not before the 1st Wednesday of June 1, 2016signatures to put petition on ballot June and by the 1st Wednesday July 6, 2016if General Court fails to enact of JulyMeasure

STATE ELECTION DAY 1st Tuesday after the 1st Monday November 8, 2016in November

Law takes effect Thirty days after election or upon December 2016such time as may be provided insuch law

* For those who file on September 2, 2015.

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INITIATIVE PETITION FOR A CONSTITUTIONAL AMENDMENT

2015-2016 Petition

An initiative petition for a constitutional amendment should be filed if an individual intends tosubmit a proposed constitutional amendment to the voters for approval or rejection.

HOW TO ORIGINATE A CONSTITUTIONAL AMENDMENT PETITION

To originate an initiative petition for a constitutional amendment, at least ten qualified votersof the Commonwealth may draw up and sign an original petition on which they put forwardthe full text of the constitutional amendment they wish to have enacted.

Each of the ten original signers must obtain a certificate of voter registration from the board of

registrars or election commission in the city or town in which they are a registered voter. Eachcertificate of voter registration must be signed by at least three members of the board ofregistrars or election commission. These voter registration certificates and the original petitionthen must be submitted to the Office of the Attorney General by the first Wednesday in

August.


Although not required, it is strongly recommended that each of the original signers initial

each page of the text of the amendment before submitting it to the Attorney General. It isalso advisable to have more than ten original signers (the ten names to be printed on thepetition form can be specified).

It is not recommended to file separate signature pages which are attached to the full text

of the amendment. Instead, the final page of the full text should contain the signature ofeach signer. Above the name of each signer you may wish to add a statement similar tothe following: I have personally reviewed the final text of this Constitutional Amendment,fully subscribe to its contents, and agree to be one of its original signers.

The voter registration certificate of each signer may be attached separately to the petition.


The Constitution excludes from the Initiative subjects that relate to religion, judges, the courts,

particular localities of the Commonwealth, specific appropriations, and certain provisions of thestate constitutions Declaration of Rights. Additionally, substantially the same petition cannothave appeared on the ballot at either of the two immediately preceding biennial stateelections.

The Attorney General bears the responsibility of determining whether the petition is anacceptable subject of an initiative, and if so, prepares a fair and concise summary and returnsthis summary and the proposed amendment to the petitioners. If the Attorney Generaldetermines that the petition relates to an excluded matter, the petition is disallowed.

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PRINTING OF PETITIONS

After the petition is returned from the Attorney General with the summary, the petitioners file

both the summary and the amendment with the Secretary of the Commonwealth. TheSecretary prepares initiative petition form blanks with the summary printed thereon forgathering signatures of registered voters. These petition forms are available within fourteendays after the petitioners file the papers with the Secretary of the Commonwealth.

Pursuant to 950 C.M.R. 48.04(6), the petitioners may request in writing that certain

information be printed on the petition forms. Specifically, upon request of the petitionsponsors, this office will print the petition sponsors address and telephone number on thepetition form and/or a box at the bottom right on the petition sheet specifically for circulatorsto number petitions.

In order to receive the printed blanks as soon as possible, the petitioners may pick up the

petitions at the printing plant. Before picking up the blank petition forms from the printingplant, the petitioners must get an authorization slip from the Secretary of the Commonwealth.The Secretary provides enough blank petition forms to gather more than the required numberof signatures. However, the petitioners may make exact copies of the blank forms if they wishfor gathering additional signatures.


In order to be placed before the General Court, the petition must contain certified signaturesat least equal to 3% of the total vote cast for all candidates for Governor (excludingblanks) at the last state election. Therefore, until the results of the 2018 state electionare certified by the Governors Council, the amendment petitions must be signed by aminimum of 64,750 certified voters. No more than one-quarter of the certified signatures(16,188) may come from any one county.

THE PETITION IS LAID BEFORE THE LEGISLATURE

After signatures have been certified and petitions filed, the Secretary transmits theamendment petition to the House Clerk for legislative action on the first legislative day of theyear.

Initiative amendments are acted upon by joint sessions of the House and Senate sittingtogether. The amendment must be laid before the joint session by the second Wednesdayof May. The petition may be amended by a three-fourths affirmative majority vote by the

House and Senate. By a majority vote, the Legislature may formulate a proposal of its own, tobe grouped on the ballot with the initiative amendment as an alternative choice.

HOW TO GET THE AMENDMENT ON THE BALLOT

The initiative amendment must be placed on the ballot if, in joint sessions held by twosuccessively elected Legislatures, the petition wins the support of at least 25% (50) of the 200legislators (40 senators and 160 representatives). An initiative amendment to the constitutionwill not appear on the ballot if, when it comes to a vote in eitherjoint session, less than 25%of the legislators vote in favor of it or no vote is taken before the legislative term ends.

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HOW IT PASSES

For an initiative petition for a constitutional amendment to be passed by the electorate, at

least 30%of the voters who cast ballots in the election must vote in the affirmative on thequestion, and a majority of the ballots cast on that question must also be affirmative.

WHEN EFFECTIVE

The Constitution states that a constitutional amendment proposed by initiative petition takeseffect upon certification of the election results by the Governors Council, which usually occursin late November or early December, or date provided, if later.

Legal References:

Articles XLVIII, LXXIV, and LXXXI of the Amendments to the Massachusetts Constitution. Massachusetts General Laws Chapter 53, section 22A (2012 ed.). 950 C.M.R. 48.00. Capezzuto v. State Ballot Law Commission, 407 Mass. 949, 556 N.E.2d 366 (1990). Limits v. President of the Senate, 414 Mass. 31 (1992).

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CALENDAR FOR AN INITIATIVE PETITION FOR A

CONSTITUTIONAL AMENDMENT


Submission of petition to By the 1st Wednesday August 5, 2015Attorney General by 10 of Augustoriginal signers

Filing of petition with Secretary Not before the 1st September 2, 2015of the Commonwealth by original Wednesday of SeptemberPetitioners

Secretary has petition forms No later than 14 days after filing September 16, 2015*prepared for collection of required with the Secretary

number of signatures

Filing of petitions with local By 14 days before the 1st November 18, 2015registrars for certification Wednesday of December

Filing certified petitions with the By the 1st Wednesday of December 2, 2015Secretary December

Transmittal of petitions to First legislative day of the year January 6, 2016House Clerk by the Secretary

Legislative action - Joint Session Must be laid before joint session May 11, 2016

not later than the 2nd Wednesdayin May. If approved by at least 25%(50 votes) of legislature, it is held for thenext elected legislature. If not, it is dead.

Legislative action - next elected 2017 or 2018Legislature in joint session

STATE ELECTION DAY 1st Tuesday after the 1st Monday November 6, 2018(if amendment passes 2 sessions) in November

Amendment takes effect Date of certification of election November orresults or upon date provided December 2018if later

* For those who file on September 2, 2015.

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SUGGESTIONS FOR PETITION FILERS

1. Although the courts have not yet ruled on whether an initiative petition musthave a title, it is recommended to include a title. The title should indicatewhether the petition is an initiative petition for a law or for a constitutionalamendment and should make some mention of the subject matter of theproposed measure.

2. It is preferable to have each signer of the petition put his or her initials oneach page of the petition to avoid any later question about whether theperson signing actually saw the final version of the petition.

3. It is highly recommended to get more than ten original signers with voter

registration certificates, signed by a majority of the registrars of voters, tobe submitted to the Attorney General at the time the petition is filed. Thecourts have not yet ruled on whether such certificates must be filed with the

Attorney General. However, it is recommended to file the certificates withthe Attorney General with the original petition itself.

4. The Attorney Generals office welcomes the chance to review draft petitionson an informal, non-binding basis and will make suggestions for changes toavoid certification problems if the draft petitions are submitted prior to the

first Wednesday in August. The earlier the draft is submitted, the better. Donot wait until the petition has been signed. For more information pleasecontact:

Juliana Rice, Deputy Government Bureau ChiefOffice of the Attorney GeneralOne Ashburton Place, 20th FloorBoston, Massachusetts 02108(617) [email protected]

5. You need not wait until the first Wednesday in August to file the final version ofyour petition with the Attorney General. Petitions will be accepted any time,

and early filings are encouraged.

6. The Office of the Attorney General requests that petitioners submit anelectronic copy (either via e-mail or disc) when filing the original petition. Formore information regarding electronic submission of the text of the petition,please contact Juliana Rice at the telephone number above.
mailto:[email protected]:[email protected]:[email protected]


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REFERENDUM PETITION

A referendum petition should be filed if an individual intends to have a law enacted by theGeneral Court repealed by the voters. A referendum petition can only be used to repeal anentire law; it cannot be used to repeal a section of a law.

HOW TO ORIGINATE A REFERENDUM PETITION

To originate a referendum petition, at least ten qualified voters of the Commonwealth maydraw up and sign an original petition on which they correctly identify the law they wish to haverepealed.

Each of the ten original signers must obtain a certificate of voter registration from the board ofregistrars or election commission in the city or town in which they are a registered voter. Each

certificate of voter registration must be signed by at least three members of the board ofregistrars or election commission. These voter registration certificates and the original petitionare then submitted to the Secretary of the Commonwealth no later than 30 days after the actis signed into law by the Governor or passed over his veto.


It is strongly recommended that each of the signers have physical custody of the law they

are seeking to repeal before signing the petition. It is also advisable to have more thanten original signers (the ten names to be printed on the petition form can be specified).

It is not recommended to file separate signature papers which are attached to the law theyare seeking to repeal. Instead, each of the ten signers should sign the page containing thepetition language. Above the name of each signer you may wish to add a statementsimilar to the following: I have personally reviewed the law sought to be repealed by thisReferendum Petition and agree to be one of the original signers of the petition.

The voter registration certificate of each signer may be separately attached to the petition.


The Constitution excludes from the Referendum subjects that relate to religion, judges, the

courts, particular localities of the Commonwealth, state appropriations and certain provisionsof the state constitutions Declaration of Rights. The Attorney General prepares a summary ofthe act to be repealed. Within 14 days after receiving the summary from the AttorneyGeneral, the Secretary of the Commonwealth prepares referendum petition form blanks withthe summary printed thereon for gathering signatures of registered voters.

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The number of certified signatures required depends on three factors:

whether the law in question has an emergency declaration (and therefore isconstitutionally barred from being suspended);

whether the petitioners request the law be suspended upon filing the petition; and

the number of votes cast for Governor at the last biennial state election, excluding blanks.

If the repeal is sought on an emergency law or on a law whose suspension is not requested bythe petitioners, the number of certified signatures required is 1 1/2 % of the totalvote cast for Governor (excluding blanks) at the last state election. This figure is

32,375until the results of the 2018 state election are certified by the Governors Council; nomore than one-fourth of these certified signatures may come from any one county, which is8,094.

If the original petition filed by ten registered voters requests suspension in writing, the law willbe suspended from taking effect when the referendum petition is filed. (Again, this does notapply to emergency laws.) The number of signatures required to suspend the lawupon filing of the petition is 2 % of the total vote cast for Governor (excluding

blanks) at the last state election. This figure is 43,167 until the results of the 2018 stateelection are certified by the Governors Council; no more than one-fourth of these certifiedsignatures may come from any one county, which is 10,792.

HOW IS THE REFERENDUM PASSED

The ballot question that results from a referendum petition must read as follows:

Do you approve of a law summarized below, which was approved bythe House of Representatives by a vote of _______ on _______ (date)and approved by the Senate by a vote of _______ on _______ (date)?

In order to repeal that law, 30%of voters who cast ballots in the election must vote in favorof the above question and against the existing law passed by the legislature, and at least halfof those voting on the question must vote in favor of the above question against the existinglaw.

Legal References: Articles XLVIII, LXVII, LXXIV, and LXXXI of the Amendments to the Massachusetts

Constitution. Massachusetts General Laws Chapter 53, section 22A (2012 ed.). 950 C.M.R. 48.00. Capezzuto v. State Ballot Law Commission, 407 Mass. 949, 556 N.E.2d 366 (1990).


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STATE BALLOT QUESTION PETITIONS PAGE 15 PAGE 14

CALENDAR OF EVENTS FOR REFERENDUM PETITION

Calendar of Events Legal Deadlines*

Submission of petition to No later than 30 days after act is signedSecretary of the Commonwealth by Governor (or passed over his veto)by ten original signers

Secretary prepares petition forms Within 14 days after summary isfor collection of required number of prepared by Attorney Generalsignatures

Filing of petitions with local By 14 days before filing deadline withregistrars for certification the Secretary

Petitions with certified signatures Within 90 days after the act is signed byfiled with the Secretary the Governor (or passed over his veto)

Petitions submitted to the voters; First state election 60 or more daysSuspended law immediately null after filing certified petitions withand void if law disapproved the Secretary

If voters approve, suspended law 30 days after election

becomes effective. If they do notapprove, non-suspended law is

repealed

*If a deadline falls on a Saturday, Sunday, or legal holiday, the deadline may be onthe previous or next weekday. Check with the Elections Division for exact dates.


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PETITION FOR A PUBLIC POLICY QUESTION

2016 Petition

A public policy petition should be filed if an individual intends to submit instructions to thestate senator or state representative from a district on a non-binding question of public policy.

HOW TO ORIGINATE A PUBLIC POLICY QUESTION

To put a public policy question on the ballot in a particular district at the next regular stateelection, at least twelve hundred (1,200) voters in a state senatorial district and two hundred(200) voters in a state representative district must sign the petition. Generally, public policyquestions involve a determination of what governmental action is desirable or necessary forthe public interest.

The question must be fit for legislative action. It must provide a legislator with an instructionor direction regarding governmental action.

It is recommended that a petitioner submit a public policy question in the following form:Shall the (senator or representative) from this district be instructed to vote in favor oflegislation (describe the legislation you wish to be enacted)?

For more information, please contact the Elections Division before circulating a petition.

WHERE TO GET FORMS

Petitioners may obtain forms for public policy questions from the:

Secretary of the CommonwealthElections DivisionOne Ashburton Place, Room 1705Boston, Massachusetts 02108

The petitions include a space designated for the text of the public policy question. Petitionersare strongly encouraged to consult the Office of the Attorney General and/or the ElectionsDivision about the wording of their question before circulating their petition.

EXCLUDED QUESTIONS AND SUMMARY

The Attorney General determines whether or not the question is one of public policy. TheAttorney Generals decision, in the absence of bad faith, is final and not reviewable in court.In order to qualify for placement on the state election ballot, the question (or one that wassubstantially the same) cannot have been disapproved by the districts voters in the previousstate election. Finally, no more than three public policy questions may appear in each districtin any year.

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STATE BALLOT QUESTION PETITIONS PAGE 17PU PAGE 16

FINAL FORM OF THE QUESTION

The Secretary of the Commonwealth and the Attorney General draft the final form in which the

question will appear on the ballot.

HOW IS THE PUBLIC POLICY QUESTION PASSED

The public policy question must receive a majority of all votes cast in the district at theelection to constitute an instruction to the legislator.

WHAT FORCE DOES A PUBLIC POLICY QUESTION HAVE

A question of public policy is not binding upon the vote of the legislator on that issue. FormerAttorney General Paul A. Dever wrote that a public policy question . . . was to afford an

opportunity to the voters to apprise their senators and representatives of their sentimentsupon important public questions.

Legal References: Massachusetts Constitution, Part 1, Article XIX. Massachusetts General Laws Chapter 53, sections 19-22 (2012 ed.).

CALENDAR OF EVENTS FOR A PUBLIC POLICY PETITION


Secretary of the Commonwealth By the 15th Tuesday before the April 26, 2016has petition forms ready for the filing deadline with the Secretarypublic

Petitions must be submitted to By the 28th day before the filing July 6, 2016local registrars for certification deadline with the Secretary

Petitions must be filed with the By the 1st Wednesday of August August 3, 2016Secretary by the requisite number before the election at which theof voters according to the district question is to be submitted

Question appears on the ballots in State Election Day November 8, 2016the district. The question is notbinding and the results are advisoryto the senator or representative.


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CIRCULATING AND GATHERING SIGNATURES ONBALLOT QUESTION PETITIONS

Two Massachusetts Supreme Judicial Court cases have set a strong precedentregarding the circulation and gathering of signatures on ballot questionpetitions. Walsh v. Secretary of the Commonwealth, 430 Mass. 103 (1999); Hurst v.State Ballot Law Commission, 427 Mass. 825 (1998). Specifically, both courts heldthat any extraneous markings on a petition sheet will invalidate all of the signaturescontained thereon. [N]o alterations--additions or deletions--of any sort may be madeto the forms provided by the Secretary. Walsh at 105; Hurst at 830. Prior to thosedecisions, the Secretary of the Commonwealth had been presented with and accepted

petitions with various markings. As a result of those court decisions,theSecretary will disallow all signatures contained on any petition that deviatesfrom the blank form provided by the Secretary.

In response to the court decisions, the Secretary of the Commonwealthpromulgated regulations that govern the format of ballot question petitions. 950C.M.R. 48.00. The regulations were designed to enable petitioners to use the formmost efficiently to gather signatures and to allow election officials to complete theirtasks in as simple and efficient a manner as possible. Below please findrecommendations for circulators.

DO NOT place any extraneous markings on the petitions.

DO NOTplace a return addresshandwritten, stamped or printedon the petitions.

* Upon request of the petition sponsors, this office will print the petitionsponsors address and telephone number on the petition form.

DO NOTunderline, highlight, or mark any words, information or area on the petition,especially the summary.

DO NOTnumber the petitions.* Upon request of the petition sponsors, this office will print a box at the

bottom right on the petition sheet specifically for circulators to numberpetitions. The circulators initials may notbe part of a numberingsystem; instead, the system should use only numbers and the use of aconnectorfor example: 1 of 20, or 1/20, or just consecutive numbers.

DO NOTput the name, initials, or telephone number of the signature gatherer on thepetition.

DO NOT make any marks to count or delineate the number of signatures gathered.

DOhave scratch paper available when gathering signatures to test pens.

Please be aware that any extraneous markings on a petitionsheet will result in invalidation of all signatures contained on it.


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STATE BALLOT QUESTION PETITIONS PAGE 18

CIRCULATING PETITIONS

The regulations, 950 CMR 48.07, require the Secretary to review all initiative petitionforms to ensure that they contain the signatures of at least three registrars of votersand for extraneous markings and compliance with exact copy requirements. If apetition is not signed by at least three registrars of voters, the signatures contained onsuch sheet will not be counted towards the total number of required signatures andinstead will be designated as uncertified. Signatures contained on petition formsthat have extraneous markings and/or signatures contained on petition forms that arenot exact copies will not be counted towards the total number of required signaturesand instead will be designated as disqualified.

Examples of extraneous markings include, but are not limited to, the following:

1. highlighting;2. underlining;3. scribbles;4. doodles;5. instructional language (i.e. over or see other side);6. the name or initials of the circulator; or7. the telephone number of the circulator.

Examples of petition forms which are not exact copies include, but are not limited to,the following:

1. the paper size or color is different than that prepared by the Secretary;

2. the original text is missing or altered;3. the petition form is one which was sent by facsimile;4. the petition form contains printing on only one side;5. the petition form contains two front sides, and therefore there is no box for

the Registrars of Voters to certify the number of certified signaturescontained thereon; or

6. the petition form contains a different number of signature lines than thenumber on the original petition form as prepared by the Secretary.

Accordingly, petitioners should ensure that any petitions circulated conform to theabove standards. Signatures contained on petitions that contain extraneous markings

and/or that are not exact copies will not be accepted as valid signatures towards thetotal number of required signatures.

ELECTRONIC VERSION OF PETITION

Upon written request, this Office will provide petitioners with a disk containing a .pdffile of the petition. This electronic version will be available on the same day as theblank initiative petition forms. Please note that by providing an electronic version of


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the petition, it does not signify that this Office condones the electronic distribution ofthe form or the placement of the form on a website for downloading. Petitioners arecautioned to provide any person either circulating or signing an initiative petition withcareful instructions to avoid disqualification, including making sure the petitions are

printed double-sided and that they remain exact copies of the originals.

CERTIFIED SIGNATURES

Regardless of which type of petition is circulated, all signatures gathered must bethose of registered voters in Massachusetts in the city or town in which the signaturesare collected. All signatures must be certified by a majority (at least three) of the localregistrars or election commissioners in the city or town in which the signatures arecollected.

The final date for filing public policy petitions with local registrars or electioncommissioners is four weeks prior to the final filing date with the Secretary of theCommonwealth. For additional information, please see the calendars on pages 6, 10,14, and 16.

FILE AS EARLY AS POSSIBLE

Petitioners should not waituntil the final date for filing with local registrars. It is thepetitioners responsibility to deliver the signed petitions to local registrars or electioncommissioners by the appropriate deadline and to subsequently pick up the certifiedforms from the appropriate local election officials. The petitionersalso bear

responsibility for filing the certified petitions with the Secretary of the Commonwealthby the required filing date. Please be aware that all deadlines are at 5:00 p.m.on thedate specified.

SIGNATURES ON ALL PETITIONS

In order for a signature to be certified, the signature must be legible and signed inperson, substantially as registered. Next to the signature must be written thecomplete address where the voter is registered. A signature will be certified if it canreasonably be identified as that of a registered voter.

Further, each petition should contain signatures of registered voters from only one cityor town. Registrars cannot certify names from communities other than their own. Formore information, please see Checklist for Gathering Signatures on page 20.


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CHECKLIST FOR GATHERING SIGNATURES

Collect only signatures from one city or town on nomination papers designatedfor that city or town. Signatures from another city or town will be disallowed.

All signatures must be legible and signed substantially as registered.

If the registrars can determine the identity of the voter from theform of the signature then the name shall be considered signedsubstantially as registered according to the law.

The law allows the voter to insert or omit a middle name orinitial and still have the signature deemed valid.

Voters should sign both their first and last names.For example: Helen Jones should not sign as Mrs. JohnJones.

It is wise to have a list of registered voters or a street listing withyou to verify the exact form of registration.

Ballot question petitions require the voters address where he or she iscurrently registered.

If a voter signs incorrectly or makes an error, do not erase or make changes.Leave the incorrect line intact and ask the voter to sign his or her name andaddress again on the next line. An altered or illegible signature may bedisallowed or challenged.

Persons who are prevented from signing by physical disability may authorizeanother individual to sign for them in the voters presence.

No person may sign for another unless the voter is physically disabled.One spouse may not sign for another.

Collect and submit more signatures than the law requires. Many may bedisallowed or challenged.

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Massachusetts Guide to Ballot Question Petitions

Documents

Transcript of Massachusetts Guide to Ballot Question Petitions